[HISTORY: Adopted by the Township Board of the Township of
Cannon as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-15-1983 by Ord. No. 83-1]
[Amended 1-10-2022 by Ord. No. 2022-1]
A.
Request for approval. A request for approval by the Township for
issuance of a new license for on-premises consumption, or banquet
facility or other facilities for which prior approval from the Township
is required for issuance of license by the Michigan Liquor Control
Commission ("MLCC" in this chapter) shall be made to the Township
Board, in writing, signed by the applicant or duly authorized agent,
under oath or affidavit, and shall contain the following statements
and information:
(1)
The name, age and address of the applicant in the case of an individual;
or, in the case of a copartnership, the persons entitled to share
in the profits thereof; in the case of a corporation, the objects
for which organized, the names and addresses of the officers and directors,
and, if a majority interest in the stock of such corporation is owned
by one person or his nominee, the name and address of such person.
(2)
The character of business of the applicant and, in the case of a
corporation, the object for which it was formed.
(3)
The length of time said applicant has been in business of that character
or, in the case of a corporation or other entity, the date of incorporation
or formation.
(4)
The location and description of the premises or place of business
which is to be operated under such license.
(5)
A statement whether applicant has made application for a similar
or other license on premises other than described in this application
and the disposition of such application.
(6)
A statement that applicant has never been convicted of a felony and
is not disqualified to receive a license by reason of any matter or
thing contained in this article or the laws of the State of Michigan.
(7)
A statement that the applicant will not violate any of the laws of
the State of Michigan or of the United States or any ordinances of
the Township in the conduct of its business.
B.
Restrictions on approval. Approval shall not be given for:
(1)
A person whose license under this article has been revoked for cause.
(2)
A person who, at the time of application or renewal of any license
issued hereunder, would not be eligible for such license upon a first
application.
(3)
A copartnership unless all of the members of such copartnership shall
qualify to obtain a license.
(4)
A corporation, if any officer, manager or director thereof, or a
stock owner or stockholders owning in the aggregate more than 5% of
the stock of such corporation, would not be eligible to receive a
license hereunder for any reason.
(5)
A person whose place of business is conducted by a manager or agent
unless such manager or agent possesses the same qualifications required
of the licensee.
(6)
A person who has been convicted of a violation of any federal or
state law concerning the manufacture, possession or sale of alcoholic
liquor.
(7)
A person who does not own the premises for which a license is sought
or does not have a lease therefor for the full period for which the
license is issued.
(9)
For any premises unless the sale of beer, wine or spirits is shown to be incidental and subordinate to other permitted business uses upon the site, such as but not limited to food sales, motel operations, or recreational activities, unless permitted at that location by Chapter 450, Zoning, of this Code.
(10)
For premises where it is determined by a majority of the Board
that the premises do not or will not reasonably soon after commencement
of operations have adequate off-street parking, lighting, refuse disposal
facilities, screening, noise, or nuisance control.
(11)
Where the Board determines, by majority vote, that the proposed
location is inappropriate considering the desirability of establishing
a location in developed, commercial areas in preference to isolated,
undeveloped areas; the attitude of adjacent residents and property
owners; traffic safety; accessibility to the site from abutting roads;
capability of abutting roads to accommodate the commercial activity;
distance from public or private schools for minors; proximity of the
inconsistent zoning classification; and accessibility from primary
roads or state highways.
C.
Duration of approval. Approval of issuance of a license by the MLCC shall be with the understanding that any necessary remodeling or new construction for the use of the license shall be commenced within six months of the action of the Township Board or the Michigan Liquor Control Commission approving such license, whichever occurs last. Any failure to complete the remodeling or construction within that period shall be grounds for revocation of approval or for objections to renewal or request for revocation of the license as provided in § 100-2.
A.
Procedure.
(1)
Before filing an objection to renewal or request for revocation of
a license with the Michigan Liquor Control Commission, the Township
Board shall serve the license holder, by first-class mail, mailed
not less than 10 days prior to hearing, with notice of a hearing,
which notice shall contain the following:
(2)
Following hearing, the Township Board shall submit to the license
holder and the Commission a written statement of its findings and
determination.
B.
Criteria for nonrenewal or revocation. The Township Board shall recommend
nonrenewal or revocation of a license upon a determination by it that,
based upon a preponderance of the evidence presented at hearing, one
of the following exists:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Maintenance of a nuisance upon the premises.
(3)
Sale
or furnishing of alcoholic liquor to a minor on three separate occasions
in a consecutive twelve-month period.
(4)
Any
violation of the rules and regulations of the Michigan Liquor Control
Commission.
(5)
Repeated
incidents of disorderly conduct or actions which disturb the peace
and good order of the neighborhood or require repeated law enforcement
response.
(6)
Any
illegal gambling activity.
(7)
Repeated
incidents of the possession, sale or use of any illegal drug or controlled
substance.
